Court of Appeals of New York

In an appeal from a judgment of the appellate division affirming the trial court's dismissal plaintiff's tort claim for a severe spinal injury suffered after he dove into a shallow lake maintained by the defendant, judgment is affirmed where plaintiff's dive constituted an unforeseeable, intervening act because, based on his substantial prior experience, he knew or should have known that the lake was shallow.

Appellate Information

• Decided 11/22/2011
• Published 11/22/2011

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• Court of Appeals of New York

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